Executive Engineer, Bembla Project, Yavatmal v. Laxman Punjaram Chuke And Others

CAF4857-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO. 4857/2017 IN FIRST APPEAL STAMP NO. 6222/2017 (EXECUTIVE ENGINEER, BEMBLA PROJECT DIVISION, YAVATMAL VERSUS LAXMAN PUNJARAM CHUKE & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, counsel for the applicant.

Mrs. Swati Paunikar, counsel for the NA-1.

Mrs. M. Naik, A.G.P. For the NA-2 & 3.

CORAM : A.S. CHANDURKAR, J.

DATE : JANUARY 28 , 2019.

In this application, it is prayed that the delay in filing the appeal be condoned.

In the application it is stated that after the judgment was delivered, an application for certified copy was made and after taking further requisite steps, the appeal came to be filed. In that process, delay has been caused.

The prayer is opposed by the learned counsel for the non-applicant no.1 on the ground that the delay has not been properly explained.

Considering reasons mentioned in the application, the delay in filing the appeal is condoned subject to the applicant paying costs of Rupees Two Thousand to the non-applicant no.1 within a period of four weeks from today. On aforesaid terms, civil application is allowed.

F.A. ST. NO. 6222/2O17.

Heard. It is submitted that First Appeal No.1123 of 2013 raises an identical challenge.

Issue notice for final disposal of the appeal, returnable after eight weeks.

CAF4857-17 Learned counsel Mrs. Swati Paunikar waives notice on behalf of non-applicant no.1.

Learned Assistant Government Pleader Mrs. M. Naik waives notice on behalf of non-applicant nos.2 and 3. To be heard alongwith First Appeal No.1123 of 2013. JUDGE APTE